US vs. Moses (Part II)
By James McDermott

Last time we compared the differences between the Law of Moses and current U.S. law in the areas of sex crimes, murder, and theft. This month we will discuss drunkenness, taxation, welfare, property ownership, slavery, bankruptcy, and immigration. As was the case last month, I think you'll find the differences interesting. Sometimes the penalties under the Law of Moses are much harsher. For example, homosexuality, adultery, and the worship of false gods always carried the death penalty. Murder, too, was a capital offense and there was no distinction made for second-degree murder, no insanity defense, and no leniency based on age. On the other hand, the penalty for theft could sometimes be more lenient under the Law of Moses as long as the thief could pay the fine (prison was not a prescribed punishment). And polygamy, although sinful, was not considered a crime.

This month's topics will again present interesting contrasts to our current laws. Although many Christians disregard the Mosaic civil code, I think most will agree that as the nation has moved further and further from God, the laws of the land resemble less and less the Law of Moses. The early New Englanders listed a Scripture verse after every law that carried the death penalty. Today, the death penalty is rare and homosexuality is legal, but the Ten Commandments can't be posted on public property. Do we believe that God's law was barbaric? Do we believe we have developed a more civilized and enlightened approach to government than God did? I hope you find this month's topics as interesting as I do. I expect some Christians will disagree with the approach taken in the Law of Moses in some areas. They may even believe God's law was unjust or harsh. Some may have never considered the differences between the Law of Moses and our laws. They may be challenged for the first time to consider whether our laws are really consistent with God's will and biblical principles. Whatever your response, I hope you enjoy the comparison.

Drunkenness/Drugs
Current U.S.: During Prohibition the consumption of alcoholic beverages was illegal. Many Christian organizations were active in making Prohibition a reality. Many Christians saw the awful consequences the consumption of alcohol had on so many families and worked very hard to protect families by making alcohol illegal. Today, very few Christians advocate a return to Prohibition, but public drunkenness is still a crime in many jurisdictions. Driving while under the influence of alcohol has killed many thousands of people and a person can suffer stiff fines and the loss of driving privileges if he is caught driving with a blood alcohol level over the prescribed limit - whether he harmed anyone or not. Of course, when it comes to other mind-altering substances Prohibition has been the policy for many years and enjoys almost universal support from Christians. Many "drugs" are illegal to possess or sell. A drug dealer or a person who is caught repeatedly with illegal drugs in his possession can be sent to prison for many years. The tax code is also used to dissuade people from using alcohol and tobacco. Although legal, alcohol and tobacco carry unusually severe excise taxes.
Mosaic Code: Drunkenness is condemned throughout the Scriptures and its negative consequences, both spiritual and physical, are clearly portrayed. However, drunkenness was not considered a crime under the Law of Moses. Believe it or not, there was no punishment for drunkenness and no tax on alcohol. The Law of Moses, as strict and harsh as it was in the areas of adultery, homosexuality, and murder, was more Libertarian than Conservative on this issue. Of course, drunkenness can make a person much more likely to commit acts that under the Mosaic code would have carried severe penalties. Murder or adultery committed while under the influence of alcohol would certainly have warranted the death penalty. Government

Taxes and Spending
Current U.S.: Government spending accounts for 50% of the national income. The cost of government is actually higher because a tremendous amount of money is spent complying with government regulations and on tax software, tax preparers, tax attorneys, and CPAs. Governments collect this money in many different ways. There is the income tax, the Social Security tax, the sales tax, the gasoline tax, the property tax, the hotel tax, taxes on entertainment, taxes on utilities, licensing fees, taxes on imports, toll roads, the capital gains tax, taxes on interest, "sin taxes," the lottery, and (if that wasn't enough) they may get more after you die with the inheritance tax. Some taxes can be avoided, some are proportional to income or use, and some are "progressive." Overall, however, our tax system is "progressive." That means people with a higher income pay a higher percentage of their income in taxes than people with a lower income. A high income individual could pay about half his income to the government and still have to pay a myriad of other taxes on the half he is able to keep. On the other hand, a low-income individual may get back more from the government in tax credits than he pays in taxes. However, the tax code is so inconsistent and arbitrary that some high-income people can legally hide their income and pay little or no taxes, while some with modest incomes pay a significant percentage of their income in taxes. The rule of thumb seems to be: The government takes as much as it can, wherever it can, as long as it can get away with it. There really is no longer any principle or law (the constitutional concept of a limited federal government was thrown out long ago by the Supreme Court) that limits the ability of the government to tax. The role of the government at all levels continues to expand and, thus, there is a continual need to raise more and more taxes. This leads us to the issue of government spending. The government is tasked with defending our lives and property from enemies without and within. It wages war, punishes criminals, and maintains order - things necessary for a society of free people to live together. But our government also spends a fortune on primary and secondary school education, public universities, college grants and loans, Social Security benefits, Medicare and Medicaid benefits, childcare, farm subsidies, small business loans, welfare programs, foreign aid, space exploration, and research of all kinds (some beneficial and some absurd). And it seems that every time there is a problem, there is an outcry for greater government involvement. If people are without electric power, the government should take care of it. If families don't save for their retirement, the government should take care of it. If people won't give their children a good education, the government should take care of it. If prescription drugs cost a lot, the government should take care of it. If a college education is expensive, the government should take care of it. If commodity prices are too low, the government should take care of it. If Japanese cars are more popular than American cars, the government should take care of it. If someone doesn't have enough money to buy a house, the government should take care of it. If someone would rather work outside the home than take care of his kids, the government should take care of it. If someone is lazy, irresponsible, and won't work, the government should take care of him without judging his character. If someone gets AIDS through homosexual acts and illegal drug use, the government should spend billions in an urgent quest to find a cure. The Statue of Liberty was erected in New York in the 19th century because people came here from all over the world to be free from government tyranny and control. Today the mood of the nation is different. In the 21st century we should erect a monument in Washington D.C. and call it the Statue of Security, because people come to Washington from all over the world to give up their freedom in exchange for government help.
Mosaic Code: There was a tithe (10%) paid to the Levites and Priests, which allowed them to be set apart for service at the tabernacle. This tithe, however, was for religious purposes and not to maintain a government. The Law does mention a poor tithe that was collected once every three years. Farmers were not allowed to harvest to the end of their fields, to pick fruit that fell to the ground, or to harvest a field a second time. So there was some accommodation made for the poor, but in this case, too, there is no prescribed government role in the process. In fact, the Mosaic code makes no special provision for government workers, government taxes, or government spending of any kind - even for the military. Apparently, their personal weapons, voluntary gifts, and the plunder were sufficient, as God himself fought for the Israelites against their Canaanite enemies. Three principles, then, come out of the Mosaic code. First, the role of government was miniscule compared with our government today. Therefore, spending and the need for tax money were also miniscule. Second, the funding that was prescribed - whether it was for the Tent of Meeting or to feed the poor - was either proportional to income or voluntary (there was no such thing as a "progressive" tax) and never passed through the hands of the government. And third, funding under the Mosaic code came primarily from income (the tithe) and not from wealth or sales. Wealth could have been amassed and passed on from generation to generation. There was no property tax and no inheritance tax. And despite the fact that many conservatives favor a national sales tax over an income tax, there was no tax on sales in the Mosaic code.

Farmland
Current U.S.: The government has all kinds of programs for farmers, but all of them involve subsidies (really grants) and loans. It costs state and federal governments many billions of dollars to support farmers. Nevertheless, modern efficiency (the ability of a very small number of farmers to produce more than enough food for hundreds of millions), foreign competition, and the costs of modern technology (equipment and the larger farms that make that equipment efficient to use) have made the family farm a diminishing way of life.
Mosaic Code: Farmers are offered significant protection under the Law of Moses, but in a very different form. There were no price subsidies, no loans, and no protection against foreign competition. The farmer, however, could not be permanently severed from his land. Every 50 years in the year of Jubilee all debts were to be cancelled and all farmland returned to its original ancestral owners.

Slavery
Current U.S.: Slavery has been against the law since the Civil War and it would be a challenge to find support in America for legalized slavery. Indeed, it is government policy that in employment, education, and business, blacks are given preferential treatment. Part of the rationale for this policy is to make up in some way for the disadvantages and injustices caused by slavery.
Mosaic Code: One of the surprises of the Bible is that it is difficult to find a condemnation of the institution of slavery. It was definitely allowed in the Law and many passages deal with its regulation. Here are some examples of God's Law making provision for slavery: "Your male and female slaves are to come from the nations around you; from them you may buy slaves. You may also buy some of the temporary residents living among you and members of their clans born in your country, and they will become your property. You can will them to your children as inherited property and can make them slaves for life, but you must not rule over your fellow Israelites ruthlessly." (Lev. 25:44-46) "If a fellow Hebrew, a man or a woman, sells himself to you and serves you six years, in the seventh year you must let him go free." (Deut. 15:12) "A thief must certainly make restitution, but if he has nothing, he must be sold to pay for his theft." (Ex 22:3b) We should remember that these regulations came from God and not from men. Preceding the Exodus 22 passage, God told Moses, "These are the laws you are to set before them:" (Ex. 21:1) The section of laws that contains the Deuteronomy 15 passage reads, "These are the decrees and laws you must be careful to follow in the land that the LORD, the God of your fathers, has given you to possess as long as you live in the land." Leviticus 25 begins, "The LORD said to Moses on Mount Sinai, 'Speak to the Israelites and say to them:'" In the New Testament, no provision was made for slavery, but there was no direct attack on it either. Paul writes, "Slaves, obey your earthly masters with respect and fear, and with sincerity of heart, just as you would obey Christ. Obey them not only to win their favor when their eye is on you, but like slaves of Christ, doing the will of God from your heart. Serve wholeheartedly, as if you were serving the Lord, not men, because you know that the Lord will reward everyone for whatever good he does, whether he is slave or free. And masters, treat your slaves in the same way. Do not threaten them, since you know that he who is both their Master and yours is in heaven, and there is no favoritism with him." (Eph 6:5-9) "Slaves, obey your earthly masters in everything; and do it, not only when their eye is on you and to win their favor, but with sincerity of heart and reverence for the Lord … Masters, provide your slaves with what is right and fair, because you know that you also have a Master in heaven." (Col. 3:22, 4:1) Notice that slaveholders were not criticized for owning slaves and they were never commanded to release them. Of course, the fact that slavery was allowed doesn't mean that slavery is God's best for us. Divorce was allowed under the Law of Moses, but it was condemned by God in the book of Malachi and by Jesus in the Gospels. Jesus said that divorce was permitted because the Israelites had hard hearts. Perhaps slavery was also allowed for the same reason.

Bankruptcy
Current U.S.: Most debt can be forgiven through bankruptcy and bankruptcies can be granted to the same person every 7 years. Secured debt, however, may not be forgiven unless the property that secures the debt is forfeited. Thus, a man may be forced to give up his business, his place of residence and his means of transportation should he declare bankruptcy. Interestingly, taxes and government loans are not forgiven in bankruptcy.
Mosaic Code: Israelites were not allowed to charge each other interest and all debts were to be forgiven every 7 years. In addition, in the year of Jubilee all the land outside the cities was to be returned to its ancestral owners. Thus, the Law of Moses not only allowed a more generous and liberal form of bankruptcy, but mandated it for all debtors every 7 years. Perhaps bankruptcy shouldn't carry the stigma it does in our country?

Immigration
Current U.S.: According to the website for the Bureau of Citizenship and Immigration Services, annual family-sponsored immigration is limited to 480,000 and employment-based immigration is limited to 140,000. The government also allows immigration for other reasons, such as political asylum, but the law definitely places limits on the ability of aliens to live in the United States. Our laws do not conform to the famous words found on the Statue of Liberty, "Give me your tired, your poor/Your huddled masses yearning to breathe free/The wretched refuse of your teeming shore/Send these, the homeless, tempest-tossed to me." Instead, our laws say, "If you don't have a good reason to be here (you have family here, you want to study in our universities, or we need your work skills) please stay away." On the other hand, our government has not faithfully enforced the law. It is well known that millions have immigrated illegally across our border with Mexico, but the government only makes a half-hearted effort to stop it. Those who are here on expired student visas aren't aggressively pursued either. And once here, immigrants are allowed absolute freedom of religion. Foreign gods are certainly welcome here. Conservative Christians are often the loudest objectors to the flood of illegal immigrants. Many sympathize with Patrick Buchanan, who says mass immigration will soon destroy our Christian culture and the political and economic freedoms that are derived from it. There is also significant opposition to immigrants - and especially illegal immigrants - getting government health, education, and welfare benefits. Opponents to immigration argue that we will be bankrupted by the millions of immigrants who are collecting government benefits and that these benefits are attracting freeloaders whose primary ambition is to have the United States government fund a lifestyle of idleness. However, the efforts of those who oppose mass immigration have been largely unsuccessful because immigrant communities represent a significant voting bloc. Politicians are loathe to aggressively enforce the law because the votes of immigrant communities are often crucial to winning elections.
Mosaic Code: There are significant differences between our law and the Law of Moses. First, the Mosaic code contained no immigration quotas or limits. Second, aliens were entitled to the same legal protection as the native born. Moses wrote, "And I charged your judges at that time: Hear the disputes between your brothers and judge fairly, whether the case is between brother Israelites or between one of them and an alien. Do not show partiality in judging." (Deut. 1:16-17a) Third, aliens were explicitly and frequently mentioned as the intended recipients of the Israelites' tithes and of the crops they were commanded to leave unharvested. God said, "When you have finished setting aside a tenth of all your produce in the third year, the year of the tithe, you shall give it to the Levite, the alien, the fatherless and the widow, so that they may eat in your towns and be satisfied." (Deut. 26:12) "When you reap the harvest of your land, do not reap to the very edges of your field or gather the gleanings of your harvest. Do not go over your vineyard a second time or pick up the grapes that have fallen. Leave them for the poor and the alien. I am the LORD your God." (Lev. 19:9-10) Fourth, aliens were to be loved. It is written, "When an alien lives with you in your land, do not mistreat him. The alien living with you must be treated as one of your native-born. Love him as yourself, for you were aliens in Egypt. I am the LORD your God." (Lev. 19:33-34) The Law, then, did not prohibit immigration and aliens were to be protected and helped. However, the Law did place limitations on the behavior of aliens, which most Americans would find distasteful. God didn't give Israel the First Amendment. There was no freedom of religion. Immigrants who felt compelled to practice the religion of their native lands would have had a very short lifespan under the Mosaic code. Moses writes, "Whoever sacrifices to any god other than the LORD must be destroyed." (Ex. 22:20) The alien was also required to rest on the Sabbath (the punishment for breaking the Sabbath was death), rest on the Day of Atonement, bring sacrifices to the Tent of Meeting alone, refrain from eating blood, and refrain from blaspheming God (another offense that carried the death penalty). Thus, Israel was to welcome all who came, but those who came had to accommodate Israelite religious practices and leave the religious practices of their native lands behind.

Education
Current U.S.: Education is compulsory in most states to age 16. Government funded, government operated schools offer "free" primary and secondary education to everyone. Subsidized state universities, government grants, and government loans allow almost anyone to attend college who wants to. Of course, "free" public education isn't free at all. It costs the state of Maryland over $6500 to educate one child per year. (It would cost Maryland about $52,000 per year to educate our family if we let them!) By law, state curriculums are not to promote any religion. This means that children literally receive a God-less education. Teaching any subject as if God exists is against the law. However, parents may educate their own children or send their children to private schools, but if the government doesn't believe the children are being adequately educated the parents could be forced to place their children in a public school. Parents who refuse to comply with the government could be sent to jail and have their children placed in foster homes. Nevertheless, most parents are able to keep their children out of government schools and teach them a curriculum that is consistent with the parents' beliefs.
Mosaic Code: Parents were commanded to teach their children God's precepts. Moses writes, "These commandments that I give you today are to be upon your hearts. Impress them on your children. Talk about them when you sit at home and when you walk along the road, when you lie down and when you get up." (Deut. 6:6-7) However, there was no command for parents to formally educate their children. Parents were expected to impart knowledge about the true God to their children and were given complete freedom to teach or not to teach anything they deemed appropriate. There was absolutely no government role in the area of education.

Conclusion: The Israelites under the Law of Moses had the only government that we know of in the history of the world whose government laws were authored by God. To most Americans - and I would also say most Christian Americans - these laws seem harsh, cruel, and barbaric. To kill a man for working on the Sabbath, blaspheming God, cursing his parents, or practicing witchcraft would repulse many of us. We take pride in our Constitution, which offers freedom of religion to everyone. We also feel uncomfortable when the government regulates sexual conduct. In our country, adultery and homosexuality are allowed without sanction, but in Israel adultery and homosexuality also carried the death penalty. God allowed slavery in Israel and even sanctioned it in the case of a thief who couldn't pay for what he stole. However, many would be surprised at the liberality of the Mosaic code on certain issues. There is no mention of prison as a form of punishment. Alcohol and polygamy were allowed. Drunkenness carried no penalty. Education went unregulated. The free market went unhindered in most areas. Debts were cancelled every 7 years. No one was allowed to charge a fellow Israelite interest. Rural land could not be permanently taken from its owners. Perhaps you agree with some of these laws and disagree with others, but the important question is why. Moses said of these laws, "What other nation is so great as to have such righteous decrees and laws as this body of laws I am setting before you today?" (Deut. 4:8)

Are we more enlightened than Moses? Are we more enlightened than God, who actually authored these laws? Romans 13 says the governing authorities are to punish evildoers. How should we decide what evil the government should punish and what the punishment for that evil should be? If we use the Mosaic code as a guide we have a standard and a model written by God himself. If we reject the Scriptures as our guide, then how can anyone determine what evils ought to be crimes and what the punishment for crimes should be? Should homosexuality be a crime? Should murder be a crime? What is our rationale for punishing murderers and allowing homosexuals to go unpunished? The problem with abandoning the Scriptures in this area is that it becomes every man for himself. No one's opinion has any more validity than anyone else's. The authority of the law no longer comes from God, but from those who are powerful enough to force their opinions on the rest of us. When the Pilgrims set up a government in America they modeled it after the Old Testament law. As the nation has become more and more ungodly the laws resemble less and less the laws in the books of Moses. Sadly, tens of millions of unborn babies have paid the price. Unless we change, I believe we all will pay the price. Once the Scriptures have been abandoned as the source of law, either anarchy or tyranny will eventually result - and in the case of anarchy, tyranny will probably follow. Perhaps we should rediscover the civil laws in the Mosaic code and reevaluate our attitude toward them. Perhaps God is not as barbaric and we are not as enlightened as we thought.